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Supreme Court panel at judge home, Jagdeep Dhankhar revives NJAC debate: ‘Would have been different’

26 Mar 2025
2 min

Controversy Over Currency Discovery and Judicial Appointments

The recent discovery of currency notes at Justice Yashwant Varma's residence in New Delhi has sparked significant discussions regarding judicial appointments. Vice President and Rajya Sabha Chairman, Jagdeep Dhankhar, referenced the National Judicial Appointments Commission (NJAC) Act, suggesting that the judicial appointment scenario might have been different had the Supreme Court not nullified the NJAC.

Supreme Court Inquiry

A Supreme Court committee, consisting of Chief Justice of Punjab and Haryana High Court Justice Sheel Nagu, Chief Justice of Himachal Pradesh High Court Justice G S Sandhawalia, and Justice Anu Sivaraman from Karnataka High Court, is investigating the conduct of Justice Varma. This inquiry coincided with discussions about Justice Varma's transfer to the Allahabad High Court.

Political Discussions

Dhankhar held meetings with party leaders to discuss the judicial appointment system. The dialogue seemed aimed at understanding party positions regarding the NJAC versus the current Collegium system.

National Judicial Appointments Commission (NJAC)

  • Parliament passed the NJAC Act in 2014, but it was nullified by the Supreme Court in 2015.
  • The NJAC proposed a six-member body for judge appointments, including the Chief Justice of India, two senior SC judges, the Union Law Minister, and two eminent persons.
  • The Supreme Court favored maintaining the judiciary's primacy in judicial appointments.

Reactions from Political Leaders

Opposition leaders expressed concerns about transparency and representation in the judiciary while emphasizing the judiciary's independence. BJP leaders suggested that Parliament should be cautious in intervening in judicial matters.

Dhankhar's Remarks and Legal Interpretations

Dhankhar highlighted the significance of the NJAC as a visionary step and its wide support across political lines before its nullification. He underscored the importance of respecting constitutional amendments as endorsed by Parliament and state legislatures.

Future Outlook

There is no consensus among political parties about reviving NJAC or altering the current system. The dialogue continues with a suggestion of further meetings, reflecting on the judiciary's independence and Parliament's role in appointments.

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